Tour Packages

Tour Terms & Conditions

Seawind Tours & Travel, Inc. Disclaimer and Release:

Seawind’s Terms and Conditions governing your bookings are incorporated by reference and govern your use of the Services. By accessing or using the Website and using the Services, you accept the Terms without modification. If you do not agree to the Terms, you may not use the Services. You and we agree to conduct transactions electronically and to submit signatures via electronic means.

1. Disclaimer and Limitation of Liability: Traveler acknowledges that Seawind is acting as agent for the disclosed principal travel suppliers providing transportation, hotel or resort accommodation(s), sightseeing or excursion services, or air, bus, limousine and automobile services, and other services (“Suppliers”).

SEAWIND IS NOT THE SOURCE OR PROVIDER OF TRAVEL SERVICES. EACH SUPPLIER IS AN INDEPENDENT ENTITY WITH ITS OWN MANAGEMENT. SEAWIND DOES NOT CONTROL ANY SUPPLIER. EACH SUPPLIER WHOSE NAME APPEARS IN TRAVEL DOCUMENTATION IS RESPONSIBLE FOR THE TRAVEL SERVICES PURCHASED. SEAWIND IS NOT LIABLE FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF ANY OF THE TRAVEL SUPPLIERS INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, THEIR ABILITY TO HONOR FUTURE TRAVEL CREDITS, BANKRUPTCY, CESSATION OF SERVICES AND OTHER MATTERS OUTSIDE OF SEAWIND ’S CONTROL. EACH TRAVELER HEREBY RELEASES AND HOLDS HARMLESS SEAWIND FROM ANY AND ALL LIABILITY WITH RESPECT TO THE SAME. SEAWIND RECEIVES ONLY COMMISSION AND FEES FOR TRAVEL TRANSACTIONS. TRAVELER AGREES THAT ANY RECOVERY FROM SEAWIND WILL BE LIMITED TO THE COMMISSION AND FEES PAID BY TRAVELER AND ACTUALLY RECEIVED BY SEAWIND RELATED TO THE TRAVELER’S BOOKING. THIS LIMITATION OF LOSS SHALL ALSO APPLY FOR ANY LOSS, ACCIDENT, INJURY OR DAMAGE SUFFERED BY THE INDIVIDUAL(S) WHILE TRAVELING THROUGH THIS BOOKING BY REASON OF ANY ACT (INCLUDING WILLFUL, INTENTIONAL, OR CRIMINAL ACTS) OF ANY THIRD PARTY OR THE NEGLIGENCE OF ANY THIRD PARTY FOR WHICH SEAWIND HAS NO CONTROL. TRAVELER HEREBY WAIVES, RELEASES AND DISCHARGES SEAWIND FROM ANY LIABILITY WITH RESPECT TO THESE MATTERS.

2. Health and Other Hazards: You agree that it is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regard to the risks of COVID-19. We assume no responsibility for and shall not be liable for unsafe conditions or health hazards including pandemics or other illnesses. We have no special knowledge of dangers during travel or at destinations. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel, or visit the State of Hawaii Department of Health at https://health.hawaii.gov

3. Rules of Travel Suppliers and Governments: We have no responsibility for requirements Suppliers and Governments may impose from time to time, including health matters such as COVID-19 and/or  health affidavit forms. You acknowledge there may be potential COVID-19 related travel issues, such as a variety of inconveniences including but not limited to taking temperatures upon entry or exit of any travel component, mask wearing requirements, engaging in social distancing, the possibility of quarantine upon arrival or return home, the requirement to provide a negative COVID-19 test within a certain period, such as 36 or 72 hours prior to arrival (home tests may not be accepted). Any expenses related to COVID-19 are your responsibility.

4. Force Majeure: “Force Majeure” means, in relation to Seawind, an unanticipated circumstance beyond the reasonable control of Seawind (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, insurrection, riot, strike, civil disturbance, requisition, sickness, epidemic, pandemic, quarantine, government intervention or order, weather conditions, defect in machinery or vehicle or other untoward occurrences). By way of example, the emergence and spread of COVID-19 in 2020 caused cancellations and other disruptions to reserved and scheduled travel and many other aspects of travel. Further impacts and other occurrences may take place. If Seawind is affected by Force Majeure, it shall forthwith notify you of the nature and extent thereof. SEAWIND SHALL NOT BE DEEMED TO BE IN BREACH OF THE TERMS AND CONDITIONS OR OTHERWISE BE LIABLE TO YOU, FOR DELAY IN PERFORMANCE, OR BY NON-PERFORMANCE, OF ANY OF ITS OBLIGATIONS HEREUNDER TO THE EXTENT THAT ANY SUCH DELAY OR NON-PERFORMANCE WHETHER BY SEAWIND OR OTHER PERSONS OR ENTITIES OF OBLIGATIONS TO THE EXTENT IS DUE TO ANY FORCE MAJEURE. If Seawind or any Supplier is affected by Force Majeure, an Act of God, COVID-19, Bird Flu, SARS, natural disaster, civil unrest, governmental restrictions or orders (“event”), they shall be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by Seawind to you as a result of the non-performance of any of Seawind’s obligations hereunder shall remain in its sole and absolute discretion, although Seawind shall use its reasonable endeavors to reimburse you where possible. However, Seawind shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Seawind, of the event and applicable administrative and cancellation fees.

5. RELEASE: YOU HEREBY EXPRESSLY ASSUME ALL OF THE RISKS AND DANGERS COVERED IN PARAGRAPHS 1-3 ABOVE, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US, AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES, GROUP LEADERS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH THESE RISKS AND DANGERS.

6. Governing Law: This contract shall be interpreted and enforced in accordance with the laws of the State of Hawaii, without regard to any conflicts or choice of law principles and shall be as broad and inclusive as permitted by such laws. If any provision of this contract is held unenforceable by a court, such unenforceability shall not affect any other provision.